BETA


2012/0283(COD) Radio equipment: harmonisation of the laws of the Member States relating to the making available on the market

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead IMCO WEILER Barbara (icon: S&D S&D) VAN DE CAMP Wim (icon: PPE PPE), MANDERS Antonius (icon: ALDE ALDE), RÜHLE Heide (icon: Verts/ALE Verts/ALE), HARBOUR Malcolm (icon: ECR ECR), SALVINI Matteo (icon: EFD EFD)
Committee Opinion ENVI
Committee Opinion ITRE
Committee Opinion CULT
Lead committee dossier:
Legal Basis:
TFEU 114-p1

Events

2018/11/13
   EC - Follow-up document
Details

The Commission presents a report on the operation of Directive 2014/53/EU (the Radio Equipment Directive or RED). The report covers matters on the transposition and operation of the Directive, including the progress on drawing up the relevant standards and the activities of the Telecommunication Conformity Assessment and Market Surveillance Committee (TCAM).

The Radio Equipment Directive establishes a regulatory framework for placing radio equipment on the internal market and is applicable, subject to a number of exceptions, to products using the radio frequency spectrum (radio equipment). It entered into force on 11 June 2014 and is applicable as of 13 June 2016. It repealed the Radio Equipment and Telecommunications Terminal Equipment Directive 1999/5/EC and provided for a one-year transitional period, which ended on 12 June 2017. During the transitional phase, manufacturers were allowed to place on the market radio equipment compliant with either the RED or the EU legislation applicable before 13 June 2016 (e.g. Directive 1999/5/EC). Manufacturers preferred to use, until the end of the transitional period, Directive 1999/5/EC. Hence, by the time of finalising the report, the vast majority of radio equipment that was on the market, was assessed on the basis of Directive 1999/5/EC. In the absence of sufficient data, statistics or evidence on the basis of the RED, no definitive conclusion can be drawn as to the question whether specific categories or classes of radio equipment were affected by a low level of compliance.

Whilst the Commission cautions that it is in general too early to draw conclusions on the effectiveness of the RED, it states nevertheless that overall, the implementation of the RED worked well and without major problems, except for a delay in Member States notifying transposition measures. The main issues were as follows:

Harmonised standards : the application of harmonised standards, whose references are published in the Official Journal is voluntary under the Directive but has the advantage of giving “presumption of conformity” with the corresponding essential requirements that they aim to cover. If harmonised standards do not exist or are not applied, the manufacturer is required to consult a notified body for the assessment of compliance with certain requirements.

The Commission, acting in accordance with the Standardisation Regulation , requested the European Committee for Electrotechnical Standardisation (CENELEC) and European Telecommunications Standards Institute (ETSI) to draft harmonised standards for radio equipment. Without prejudice to any new standards that should have been prepared due to the new scope of the RED (compared to the scope of Directive 1999/5/EC), it was necessary to update 187 standards , whose references were published under Directive 1999/5/EC, for the purposes of publication under the RED. There was, however, a delay in the publication of harmonised standards under the RED because a vast number of standards either were not delivered within the deadline of 15 March 2016 or were not updated or adapted for the purposes of the RED. These issues with the timely availability of standards raised political and media attention. The Commission states that it provided the necessary support, by organising a workshop and issuing guidance documents. The situation has been consistently improving due to the collective efforts of the Commission and standardisation bodies as well as a pragmatic approach followed by the Commission. The report cites as an example a problem with the new version of a standard, delivered by ETSI in May 2017, covering a large number of WiFi products (EN 301 893). The Commission introduced as a solution a period of transition allowing industry to have sufficient time to adjust to the specifications of this new harmonised standard.

At the beginning of March 2018, the references of 5 additional ETSI standards as well as 5 CENELEC standards were published in the Official Journal under the RED, reaching the total of 144 harmonised standards.

Delegated and implementing acts : the Commission has adopted one implementing act for the purposes of Article 10 (10) of the RED. The latter provision requires manufacturers to add information on the package that allows the identification of the Member States where restrictions on putting into service or requirements for use exist in relation to the radio equipment. In addition, the same provision requires the manufacturer to complete the information on the actual restrictions or requirements in the instructions accompanying the radio equipment. The implementing act provides two options on how the information can be presented on the packaging.

The Commission notes, furthermore, that it is in the process of preparing a delegated act to ensure that 'smartphones' support effective access to emergency services e.g. E112. There are also calls within the working group of TCAM for delegated acts under the RED for ensuring that: (i) the security and privacy of the user are protected; (ii) the compliance of the radio equipment is not affected due to the use of new or modified software; and radio equipment interworks with common chargers. It needs determine which classes or categories of radio equipment could be covered by such delegated acts. In order to gather experts’ advice and discuss in depth these issues, the Commission established a Commission expert group on reconfigurable radio systems and is in the process of establishing a new expert group on radio equipment with a broader mandate. The adoption of a delegated act should be preceded by an impact assessment in line with the better regulation guidelines.

The next report will be prepared and submitted in 2023.

Documents
2014/06/10
   EC - Commission response to text adopted in plenary
Documents
2014/05/22
   Final act published in Official Journal
Details

PURPOSE: to update the rules on radio equipment so as to ensure a high level of protection of health and safety, adequate level of electromagnetic compatibility and an effective and efficient use of radio spectrum so as to avoid harmful interference while guaranteeing the proper functioning of the internal market.

LEGISLATIVE ACT: Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC.

CONTENT: the Directive replaces Directive 1999/5/EC and establishes a regulatory framework for the making available on the market (mobile phones, car door openers, modems, etc) and putting into service in the Union of radio equipment. It does not apply to radio equipment exclusively used for activities concerning public security, defence, and state security.

Essential requirements : under the new Directive, radio equipment must be constructed so that:

· they ensure: i) the protection of health and safety of persons and of domestic animals and the protection of property; and ii) an adequate level of electromagnetic compatibility;

· they ensure an efficient use of radio spectrum so as to avoid harmful interference.

Radio equipment within certain categories or classes shall be so constructed that it complies with the following essential requirements:

· interworks with accessories, in particular with common chargers ; mobile phones that are made available on the market should be compatible with a common charger;

· interworks via networks with other radio equipment;

· can be connected to interfaces of the appropriate type throughout the Union;

· does not harm the network or its functioning;

· incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected;

· supports certain features ensuring protection from fraud, ensuring access to emergency services and supports certain features in order to facilitate its use by users with a disability.

The Commission may adopt delegated acts in accordance specifying which categories or classes of radio equipment are concerned by each of the requirements.

Improving market surveillance : the Directive requires manufacturers, from 12 June 2018, to register in a central system radio equipment to be placed on the market.

In order to limit the burden to economic operators, such a requirement should be introduced only for those categories of radio equipment where a high level of compliance has not been attained .

Making available on the market : only radio equipment which complies with the Directive may be placed on the market. Member States shall allow the putting into service and use of radio equipment if it complies with this Directive when it is properly installed, maintained and used for its intended purpose.

Obligations of economic operators : economic operators should be responsible for the compliance of radio equipment with this Directive, in relation to their respective roles in the supply chain.

Manufacturers shall ensure that radio equipment shall be so constructed that it can be operated in at least one Member State without infringing applicable requirements on the use of radio spectrum.

Each item of radio equipment will be accompanied by a copy of the EU declaration of conformity or by a simplified EU declaration of conformity.

Manufacturers and importers shall indicate on the radio equipment (or, where that is not possible, on its packaging or in a document accompanying the radio equipment) their name, registered trade name or registered trade mark and the postal address at which they can be contacted.

The contact details shall be in a language easily understood by end-users and market surveillance authorities.

Instructions and safety information, as well as any labelling, shall be clear, understandable and intelligible .

Manufacturers who consider that the radio equipment which they have placed on the market does not comply with the Directive shall immediately take appropriate corrective actions to bring the radio equipment into compliance with those requirements, to withdraw the radio equipment from the market, or to recall it, if necessary.

Report : the Commission shall examine the functioning of the Directive and make a report no later than 12 June 2018 and then every five years.

The report shall examine how the regulatory framework functions with regard notably: a) to ensure that a coherent system is achieved at Union level for all radio equipment; b) to allow for convergence of the telecommunications, audiovisual and information technology sectors; c) to enable regulatory measures to be harmonised at international level; d) to reach a high level of consumer protection; e) to ensure that portable radio equipment interworks with accessories, in particular with common chargers.

ENTRY INTO FORCE: 09.06.2014.

TRANSPOSITION: no later than 12.06.2016. The provisions shall apply from 13.06.2016.

DELEGATED ACTS: the Commission may adopt delegated acts in order to supplement or amend non-essential aspects of the Regulation. The power to adopt such acts shall be conferred on the Commission for a period of five years from 11 June 2014 . The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification (this period can be extended for two months). If the European Parliament or the Council make objections, the delegated act will not enter into force.

2014/04/16
   CSL - Draft final act
Documents
2014/04/16
   CSL - Final act signed
2014/04/16
   EP - End of procedure in Parliament
2014/04/14
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2014/04/14
   CSL - Council Meeting
2014/03/13
   EP - Results of vote in Parliament
2014/03/13
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 550 votes to 12 with 8 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment.

Parliament adopted its position in first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise between Parliament and Council.

Essential requirements : radio equipment shall be constructed so as to ensure: (i) the protection of health and safety of persons and of domestic animals and the protection of property; (ii) an adequate level of electromagnetic compatibility.

Common charger: Parliament stressed that a renewed effort to develop a common charger for particular categories or classes of radio equipment is necessary, in particular for the benefit of consumers and other end-users. In particular, mobile phones that are made available on the market should be compatible with a common charger.

The text stipulated that the ability to work with common chargers would be an essential requirement for radio equipment . However, it would be up to the European Commission to decide which specific types of radio equipment will have to meet this requirement.

Included in the list of essential requirements were radio equipment interworks via networks with other radio equipment and radio equipment that could be connected to interfaces of the appropriate type throughout the Union.

Making available on the market : radio equipment would be made available on the market only if it complied with this Directive. Member States shall allow the putting into service and use of radio equipment if it complies with this Directive when it is properly installed, maintained and used for its intended purpose

Obligations of economic operators and market surveillance : manufacturers shall ensure that radio equipment shall be so constructed that it can be operated in at least one Member State without infringing applicable requirements on the use of radio spectrum . To protect the health and safety of end-users, they should carry out sample testing of radio equipment made available on the market,

Each item of radio equipment should be accompanied by a copy of the EU declaration of conformity or by a simplified EU declaration of conformity.

Manufacturers and importers shall indicate on the radio equipment their name, registered trade name or registered trade mark and the postal address at which they can be contacted or, where that is not possible, on its packaging or in a document accompanying the radio equipment.

The contact details shall be in a language easily understood by end-users and market surveillance authorities. Instructions and safety information, as well as any labelling, shall be clear, understandable and intelligible.

Conformity assessment procedures : the manufacturer shall perform a conformity assessment of the radio equipment with a view to meeting the essential requirements using one of the conformity assessment procedures.

Documents
2014/03/12
   EP - Debate in Parliament
2013/10/02
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on the Internal Market and Consumer Protection adopted the report by Barbara WEILER (S&D, DE) on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment.

The committee recommended that the position of Parliament adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

Alignment with the New Legislative Framework (NLF) on the Goods Package : Members identified several inconsistencies with the Goods Package, which had already been discussed at European level. In order to align with these results and achieve a coherent legislative framework, the report proposes improvements of the wording.

Members introduced several amendments in order to strike the right balance between effective market surveillance and avoidance of unnecessary administrative burden especially for SMEs.

Scope of the directive :

· Members found it disproportionate to extend the scope of the proposed directive to include a number of products that entail a very limited use of electromagnetic waves for purposes other than communication. These are already present on the market without any major reported problems and are sufficiently regulated by the Low Voltage Directive and and Electromagbetic Compatibility Directive.

· It is important to guarantee the efficient usage of radio spectrum, and Members considered that the equipment capable of receiving radio waves should fall under the scope of proposed Directive.

The report changed the definition of "radio equipment" accordingly.

Postal address : the committee wanted Member States to encourage economic operators to include not only a postal address but also a website address in order to facilitate communication between economic operators, market surveillance authorities and consumers.

The contact details must be in a language easily understood by end-users and market surveillance authorities.

Single EU declaration of conformity : to ensure effective access to information for market surveillance purposes, the information required to identify all applicable Union acts should be available in a single EU declaration of conformity. In order to reduce the administrative burden on economic operators, that single EU declaration of conformity may be a dossier made up of relevant individual declarations of conformity.

Registration of radio equipment : Members deleted the provisions regarding the obligation to register certain radio equipment in a central system, stating that this would result in a disproportionate burden for legitimate economic operators, especially SMEs, whereas the benefits of such a registration system have not been sufficiently demonstrated. Moreover, such a system potentially raises confidentiality issues.

In order to avoid unnecessary burdens for manufactures, especially the SMEs, sample testing should be exercised only upon a request by the competent authorities.

Conformity assessment procedures : manufacturers must demonstrate compliance of radio equipment with the essential requirements set out in the text using certain conformity assessment procedures.

CE marking: Members proposed to provide for the use of electronic labelling, where radio equipment is fitted with an integral screen.

Universal charger : whilst noting that the proposal stresses the advantages of interoperability between radio equipment and accessories such as chargers, Members wanted to see a renewed effort to develop a universal charger. This would simplify the use of radio equipment e.g. mobile phones, reduce waste and costs as well as will consequently be highly beneficial to consumers.

Documents
2013/09/26
   EP - Vote in committee, 1st reading/single reading
2013/06/06
   EP - Amendments tabled in committee
Documents
2013/04/26
   EP - Committee draft report
Documents
2013/02/13
   ESC - Economic and Social Committee: opinion, report
Documents
2013/01/11
   IT_SENATE - Contribution
Documents
2012/12/13
   PT_PARLIAMENT - Contribution
Documents
2012/11/06
   EP - WEILER Barbara (S&D) appointed as rapporteur in IMCO
2012/10/25
   EP - Committee referral announced in Parliament, 1st reading/single reading
2012/10/17
   EC - Document attached to the procedure
2012/10/17
   EC - Document attached to the procedure
2012/10/17
   EC - Legislative proposal published
Details

PURPOSE: to establish a regulatory framework for the making available on the market and putting into service in the Union of radio equipment.

PROPOSED ACT: Directive of the European Parliament and of the Council.

BACKGROUND: Directive 1999/5/EC on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity ((R&TTE Directive), establishes a framework for the placing on the market, free movement and putting into service in the EU of radio equipment and telecommunications terminal equipment. It includes essential requirements for the protection of health and safety, of electromagnetic compatibility and for the avoidance of harmful interference. These requirements are translated into technical requirements within non-mandatory harmonised standards, as in other ‘New Approach’ legislation. Whilst a fundamental revision of the Directive is not necessary, experience in the operation of the Directive has highlighted a number of issues to be addressed, principally regarding compliance and clarification.

IMPACT ASSESSMENT: the proposal is accompanied by an impact assessment . Overall, there is a high level of consensus and support for aligning the Directive with the New Legislative Framework package and for clarifying and simplifying the Directive. Opinions are more divided on the possible introduction of a requirement to register products prior to their placing on the market, and on some measures for administrative simplification

LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union.

CONTENT : the main objectives of the proposal are:

to improve the level of compliance with the requirements in the Directive, and to increase the confidence of all stakeholders in the regulatory framework; to clarify and simplify the Directive , including some limited adaptations of scope, so as to facilitate its application and eliminate unnecessary burden for economic operators and public authorities.

The proposed revision also allows better integration of the Directive with other related EU Legislation, particularly Decision No 676/2002/EC (the Radio Spectrum Decision).

The initiative is consistent with the New Legislative Framework package approved in 2008, comprised of: (i) Regulation No (EC) 765/2008 on accreditation and market surveillance and (ii) of Decision No (EC)768/2008 establishing a common framework for the marketing of products, which provides that its provisions are to be used when legislation is drafted or revised.

The most significant elements of the proposal for a revision of the Directive are the following:

Alignment with Decision 768/2008/EC on a common framework for the marketing of products, including:

the definitions set out in chapter R1 of Decision 768/2008/EC; the obligations of economic operators set out in chapter R2 of Decision 768/2008/EC; three modules for conformity assessment set out in Annex II of Decision 768/2008/EC; the obligations for the notification of conformity assessment bodies set out in chapter R4 of Decision 768/2008/EC; the simplified safeguard procedures set out in chapter R5 of Decision 768/2008/EC.

New definition of ‘radio equipment’: this demarcates the modified scope of the Directive, and includes all and only equipment, which intentionally transmits signals using radio spectrum, whether for the purpose of communication or other. The essential requirement has been correspondingly adapted and only refers to transmitted signals.

Other main provisions: the text sets out the following requirements:

radio equipment should be able to interoperate with accessories such as chargers; software-defined radio equipment should ensure that only compliant combinations of software and hardware come together; measures may be adopted to ensure that this regulatory requirement creates no barriers to competition in the market for third-party software; four years after the date of entry into force of the Directive, manufacturers shall register radio equipment types within categories of equipment affected by a low level of compliance with the essential requirements set out in the text within a central system prior to radio equipment within those categories being placed on the market. The Commission shall allocate to each registered type a registration number, which manufacturers shall affix on radio equipment placed on the market; the proposal clarifies the relation between the R&TTE Directive and EU and national legislation on the use of radio spectrum.

Simplification and reduction of administrative obligations: the Commission points out the following:

the new definition of radio equipment establishes a clear demarcation of scope with Directive 2004/108/EC (the EMC Directive); pure receivers and fixed-line terminals cease to fall within the scope of the Directive, falling instead within the scope of Directive 2004/108/EC and Directive 2006/95/EC, or depending on their voltage falling within the scope of Directive 2004/108/EC and Directive 2001/95/EC and this entails some reduction of administrative obligations.

The following provisions are removed from the text:

the requirement to notify the placing on the market of equipment using frequency bands which are not EU-wide harmonised; the obligation to affix an equipment class identifier on the product; the requirement to affix CE marking on user instructions. requirements supporting competition in the market for terminals. Similar requirements are in force under Directive 2008/63/EC.

BUDGETARY IMPLICATIONS: the proposal is compatible with the current multiannual financial framework: all measures or actions included in the proposed directive are consistent and compatible with the current and the next multiannual financial framework (2014 to 2020) as proposed by the Commission.

The proposal includes the possibility of requiring registration of certain categories of radio equipment prior to their placing on the market. Were this possibility to come into effect, a database should be put in place and administered by the Commission. The estimation of costs available includes an initial investment of EUR 300 000 and an annual maintenance cost of EUR 30 000 .

DELEGATED ACTS: in order to supplement or amend certain non-essential elements of the Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union will be delegated to the Commission in the following areas: i) adaptation to technical progress of Annex II listing some equipment falling or not within the definition of radio equipment; ii) additional essential requirements; iii) provision of information on the compliance of software-defined radio equipment; and iv) requirement to register radio equipment within some categories.

Documents

Activities

Votes

A7-0316/2013 - Barbara Weiler - Résolution législative

2014/03/13 Outcome: +: 550, -: 12, 0: 8
DE FR ES PL IT GB RO PT SE CZ HU AT BE NL HR IE SK BG FI DK LT SI LV LU EE EL MT CY
Total
82
59
43
41
38
51
27
19
17
17
16
16
15
20
12
11
11
10
10
9
8
7
7
6
6
5
4
2
icon: PPE PPE
199

Czechia PPE

1

Belgium PPE

3

Ireland PPE

3

Denmark PPE

For (1)

1

Luxembourg PPE

3

Estonia PPE

For (1)

1

Greece PPE

1

Malta PPE

For (1)

1
icon: S&D S&D
142

Netherlands S&D

2

Ireland S&D

2
3

Finland S&D

2

Slovenia S&D

For (1)

1

Latvia S&D

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Greece S&D

2
icon: ALDE ALDE
66

Italy ALDE

2

Austria ALDE

1

Slovakia ALDE

For (1)

1

Denmark ALDE

2

Lithuania ALDE

1

Slovenia ALDE

2

Luxembourg ALDE

For (1)

1

Greece ALDE

1
icon: Verts/ALE Verts/ALE
47

United Kingdom Verts/ALE

5

Portugal Verts/ALE

For (1)

1

Austria Verts/ALE

2

Belgium Verts/ALE

3

Netherlands Verts/ALE

3

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1

Greece Verts/ALE

1
icon: ECR ECR
44

Italy ECR

1

Belgium ECR

For (1)

1

Netherlands ECR

For (1)

1

Croatia ECR

For (1)

1

Denmark ECR

For (1)

1
icon: GUE/NGL GUE/NGL
26

Spain GUE/NGL

For (1)

1

United Kingdom GUE/NGL

1

Sweden GUE/NGL

1

Netherlands GUE/NGL

1

Croatia GUE/NGL

1

Ireland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Latvia GUE/NGL

For (1)

1
icon: EFD EFD
19

Belgium EFD

Abstain (1)

1

Netherlands EFD

For (1)

1

Slovakia EFD

For (1)

1

Finland EFD

For (1)

1

Lithuania EFD

2
icon: NI NI
26

Spain NI

1

Italy NI

2

United Kingdom NI

3

Belgium NI

Abstain (1)

1

Ireland NI

For (1)

1

Bulgaria NI

1
AmendmentsDossier
36 2012/0283(COD)
2013/06/05 IMCO 36 amendments...
source: PE-513.158

History

(these mark the time of scraping, not the official date of the change)

committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Internal Market and Consumer Protection
committee
IMCO
rapporteur
name: WEILER Barbara date: 2012-11-06T00:00:00 group: Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Internal Market and Consumer Protection
committee
IMCO
date
2012-11-06T00:00:00
rapporteur
name: WEILER Barbara group: Progressive Alliance of Socialists and Democrats abbr: S&D
shadows
docs/6/body
EC
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-316&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-7-2013-0316_EN.html
events/6/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0246
New
http://www.europarl.europa.eu/doceo/document/TA-7-2014-0246_EN.html
activities
  • date: 2012-10-17T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2012/0584/COM_COM(2012)0584_EN.pdf title: COM(2012)0584 type: Legislative proposal published celexid: CELEX:52012PC0584:EN body: EC commission: DG: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry Commissioner: TAJANI Antonio type: Legislative proposal published
  • date: 2012-10-25T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Culture and Education committee: CULT body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP shadows: group: PPE name: VAN DE CAMP Wim group: ALDE name: MANDERS Toine group: Verts/ALE name: RÜHLE Heide group: ECR name: HARBOUR Malcolm group: EFD name: SALVINI Matteo responsible: True committee: IMCO date: 2012-11-06T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: S&D name: WEILER Barbara body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
  • date: 2013-09-26T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Culture and Education committee: CULT body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP shadows: group: PPE name: VAN DE CAMP Wim group: ALDE name: MANDERS Toine group: Verts/ALE name: RÜHLE Heide group: ECR name: HARBOUR Malcolm group: EFD name: SALVINI Matteo responsible: True committee: IMCO date: 2012-11-06T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: S&D name: WEILER Barbara body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-316&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0316/2013 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee_full: Culture and Education committee: CULT body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP shadows: group: PPE name: VAN DE CAMP Wim group: ALDE name: MANDERS Toine group: Verts/ALE name: RÜHLE Heide group: ECR name: HARBOUR Malcolm group: EFD name: SALVINI Matteo responsible: True committee: IMCO date: 2012-11-06T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: S&D name: WEILER Barbara body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE date: 2013-10-02T00:00:00
  • date: 2014-03-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20140312&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2014-03-13T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=23454&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0246 type: Decision by Parliament, 1st reading/single reading title: T7-0246/2014 body: EP type: Results of vote in Parliament
  • date: 2014-04-14T00:00:00 body: CSL type: Council Meeting council: Agriculture and Fisheries meeting_id: 3308
  • date: 2014-04-14T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2014-04-16T00:00:00 body: CSL type: Final act signed
  • date: 2014-04-16T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2014-05-22T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014L0053 title: Directive 2014/53 url: http://eur-lex.europa.eu/legal-content/FR/TXT/?uri=OJ:L:2014:153:TOC title: OJ L 153 22.05.2014, p. 0062
commission
  • body: EC dg: Internal Market, Industry, Entrepreneurship and SMEs commissioner: TAJANI Antonio
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  • body: CSL type: Council Meeting council: Agriculture and Fisheries meeting_id: 3308 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3308*&MEET_DATE=14/04/2014 date: 2014-04-14T00:00:00
docs
  • date: 2012-10-17T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2012:0300:FIN:EN:PDF title: EUR-Lex title: SWD(2012)0300 type: Document attached to the procedure body: EC
  • date: 2012-10-17T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2012:0329:FIN:EN:PDF title: EUR-Lex title: SWD(2012)0329 type: Document attached to the procedure body: EC
  • date: 2013-02-13T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:0164)(documentyear:2013)(documentlanguage:EN) title: CES0164/2013 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2013-04-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE510.528 title: PE510.528 type: Committee draft report body: EP
  • date: 2013-06-06T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE513.158 title: PE513.158 type: Amendments tabled in committee body: EP
  • date: 2014-04-16T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F14&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00017/2014/LEX type: Draft final act body: CSL
  • date: 2014-06-10T00:00:00 docs: url: /oeil/spdoc.do?i=23454&j=0&l=en title: SP(2014)455 type: Commission response to text adopted in plenary
  • date: 2018-11-13T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0740/COM_COM(2018)0740_EN.pdf title: COM(2018)0740 summary: The Commission presents a report on the operation of Directive 2014/53/EU (the Radio Equipment Directive or RED). The report covers matters on the transposition and operation of the Directive, including the progress on drawing up the relevant standards and the activities of the Telecommunication Conformity Assessment and Market Surveillance Committee (TCAM). The Radio Equipment Directive establishes a regulatory framework for placing radio equipment on the internal market and is applicable, subject to a number of exceptions, to products using the radio frequency spectrum (radio equipment). It entered into force on 11 June 2014 and is applicable as of 13 June 2016. It repealed the Radio Equipment and Telecommunications Terminal Equipment Directive 1999/5/EC and provided for a one-year transitional period, which ended on 12 June 2017. During the transitional phase, manufacturers were allowed to place on the market radio equipment compliant with either the RED or the EU legislation applicable before 13 June 2016 (e.g. Directive 1999/5/EC). Manufacturers preferred to use, until the end of the transitional period, Directive 1999/5/EC. Hence, by the time of finalising the report, the vast majority of radio equipment that was on the market, was assessed on the basis of Directive 1999/5/EC. In the absence of sufficient data, statistics or evidence on the basis of the RED, no definitive conclusion can be drawn as to the question whether specific categories or classes of radio equipment were affected by a low level of compliance. Whilst the Commission cautions that it is in general too early to draw conclusions on the effectiveness of the RED, it states nevertheless that overall, the implementation of the RED worked well and without major problems, except for a delay in Member States notifying transposition measures. The main issues were as follows: Harmonised standards : the application of harmonised standards, whose references are published in the Official Journal is voluntary under the Directive but has the advantage of giving “presumption of conformity” with the corresponding essential requirements that they aim to cover. If harmonised standards do not exist or are not applied, the manufacturer is required to consult a notified body for the assessment of compliance with certain requirements. The Commission, acting in accordance with the Standardisation Regulation , requested the European Committee for Electrotechnical Standardisation (CENELEC) and European Telecommunications Standards Institute (ETSI) to draft harmonised standards for radio equipment. Without prejudice to any new standards that should have been prepared due to the new scope of the RED (compared to the scope of Directive 1999/5/EC), it was necessary to update 187 standards , whose references were published under Directive 1999/5/EC, for the purposes of publication under the RED. There was, however, a delay in the publication of harmonised standards under the RED because a vast number of standards either were not delivered within the deadline of 15 March 2016 or were not updated or adapted for the purposes of the RED. These issues with the timely availability of standards raised political and media attention. The Commission states that it provided the necessary support, by organising a workshop and issuing guidance documents. The situation has been consistently improving due to the collective efforts of the Commission and standardisation bodies as well as a pragmatic approach followed by the Commission. The report cites as an example a problem with the new version of a standard, delivered by ETSI in May 2017, covering a large number of WiFi products (EN 301 893). The Commission introduced as a solution a period of transition allowing industry to have sufficient time to adjust to the specifications of this new harmonised standard. At the beginning of March 2018, the references of 5 additional ETSI standards as well as 5 CENELEC standards were published in the Official Journal under the RED, reaching the total of 144 harmonised standards. Delegated and implementing acts : the Commission has adopted one implementing act for the purposes of Article 10 (10) of the RED. The latter provision requires manufacturers to add information on the package that allows the identification of the Member States where restrictions on putting into service or requirements for use exist in relation to the radio equipment. In addition, the same provision requires the manufacturer to complete the information on the actual restrictions or requirements in the instructions accompanying the radio equipment. The implementing act provides two options on how the information can be presented on the packaging. The Commission notes, furthermore, that it is in the process of preparing a delegated act to ensure that 'smartphones' support effective access to emergency services e.g. E112. There are also calls within the working group of TCAM for delegated acts under the RED for ensuring that: (i) the security and privacy of the user are protected; (ii) the compliance of the radio equipment is not affected due to the use of new or modified software; and radio equipment interworks with common chargers. It needs determine which classes or categories of radio equipment could be covered by such delegated acts. In order to gather experts’ advice and discuss in depth these issues, the Commission established a Commission expert group on reconfigurable radio systems and is in the process of establishing a new expert group on radio equipment with a broader mandate. The adoption of a delegated act should be preceded by an impact assessment in line with the better regulation guidelines. The next report will be prepared and submitted in 2023. type: Follow-up document body: EC
  • date: 2013-01-11T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2012)0584 title: COM(2012)0584 type: Contribution body: IT_SENATE
  • date: 2012-12-13T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2012)0584 title: COM(2012)0584 type: Contribution body: PT_PARLIAMENT
events
  • date: 2012-10-17T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2012/0584/COM_COM(2012)0584_EN.pdf title: COM(2012)0584 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=584 title: EUR-Lex summary: PURPOSE: to establish a regulatory framework for the making available on the market and putting into service in the Union of radio equipment. PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: Directive 1999/5/EC on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity ((R&TTE Directive), establishes a framework for the placing on the market, free movement and putting into service in the EU of radio equipment and telecommunications terminal equipment. It includes essential requirements for the protection of health and safety, of electromagnetic compatibility and for the avoidance of harmful interference. These requirements are translated into technical requirements within non-mandatory harmonised standards, as in other ‘New Approach’ legislation. Whilst a fundamental revision of the Directive is not necessary, experience in the operation of the Directive has highlighted a number of issues to be addressed, principally regarding compliance and clarification. IMPACT ASSESSMENT: the proposal is accompanied by an impact assessment . Overall, there is a high level of consensus and support for aligning the Directive with the New Legislative Framework package and for clarifying and simplifying the Directive. Opinions are more divided on the possible introduction of a requirement to register products prior to their placing on the market, and on some measures for administrative simplification LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union. CONTENT : the main objectives of the proposal are: to improve the level of compliance with the requirements in the Directive, and to increase the confidence of all stakeholders in the regulatory framework; to clarify and simplify the Directive , including some limited adaptations of scope, so as to facilitate its application and eliminate unnecessary burden for economic operators and public authorities. The proposed revision also allows better integration of the Directive with other related EU Legislation, particularly Decision No 676/2002/EC (the Radio Spectrum Decision). The initiative is consistent with the New Legislative Framework package approved in 2008, comprised of: (i) Regulation No (EC) 765/2008 on accreditation and market surveillance and (ii) of Decision No (EC)768/2008 establishing a common framework for the marketing of products, which provides that its provisions are to be used when legislation is drafted or revised. The most significant elements of the proposal for a revision of the Directive are the following: Alignment with Decision 768/2008/EC on a common framework for the marketing of products, including: the definitions set out in chapter R1 of Decision 768/2008/EC; the obligations of economic operators set out in chapter R2 of Decision 768/2008/EC; three modules for conformity assessment set out in Annex II of Decision 768/2008/EC; the obligations for the notification of conformity assessment bodies set out in chapter R4 of Decision 768/2008/EC; the simplified safeguard procedures set out in chapter R5 of Decision 768/2008/EC. New definition of ‘radio equipment’: this demarcates the modified scope of the Directive, and includes all and only equipment, which intentionally transmits signals using radio spectrum, whether for the purpose of communication or other. The essential requirement has been correspondingly adapted and only refers to transmitted signals. Other main provisions: the text sets out the following requirements: radio equipment should be able to interoperate with accessories such as chargers; software-defined radio equipment should ensure that only compliant combinations of software and hardware come together; measures may be adopted to ensure that this regulatory requirement creates no barriers to competition in the market for third-party software; four years after the date of entry into force of the Directive, manufacturers shall register radio equipment types within categories of equipment affected by a low level of compliance with the essential requirements set out in the text within a central system prior to radio equipment within those categories being placed on the market. The Commission shall allocate to each registered type a registration number, which manufacturers shall affix on radio equipment placed on the market; the proposal clarifies the relation between the R&TTE Directive and EU and national legislation on the use of radio spectrum. Simplification and reduction of administrative obligations: the Commission points out the following: the new definition of radio equipment establishes a clear demarcation of scope with Directive 2004/108/EC (the EMC Directive); pure receivers and fixed-line terminals cease to fall within the scope of the Directive, falling instead within the scope of Directive 2004/108/EC and Directive 2006/95/EC, or depending on their voltage falling within the scope of Directive 2004/108/EC and Directive 2001/95/EC and this entails some reduction of administrative obligations. The following provisions are removed from the text: the requirement to notify the placing on the market of equipment using frequency bands which are not EU-wide harmonised; the obligation to affix an equipment class identifier on the product; the requirement to affix CE marking on user instructions. requirements supporting competition in the market for terminals. Similar requirements are in force under Directive 2008/63/EC. BUDGETARY IMPLICATIONS: the proposal is compatible with the current multiannual financial framework: all measures or actions included in the proposed directive are consistent and compatible with the current and the next multiannual financial framework (2014 to 2020) as proposed by the Commission. The proposal includes the possibility of requiring registration of certain categories of radio equipment prior to their placing on the market. Were this possibility to come into effect, a database should be put in place and administered by the Commission. The estimation of costs available includes an initial investment of EUR 300 000 and an annual maintenance cost of EUR 30 000 . DELEGATED ACTS: in order to supplement or amend certain non-essential elements of the Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union will be delegated to the Commission in the following areas: i) adaptation to technical progress of Annex II listing some equipment falling or not within the definition of radio equipment; ii) additional essential requirements; iii) provision of information on the compliance of software-defined radio equipment; and iv) requirement to register radio equipment within some categories.
  • date: 2012-10-25T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2013-09-26T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2013-10-02T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-316&language=EN title: A7-0316/2013 summary: The Committee on the Internal Market and Consumer Protection adopted the report by Barbara WEILER (S&D, DE) on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment. The committee recommended that the position of Parliament adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows: Alignment with the New Legislative Framework (NLF) on the Goods Package : Members identified several inconsistencies with the Goods Package, which had already been discussed at European level. In order to align with these results and achieve a coherent legislative framework, the report proposes improvements of the wording. Members introduced several amendments in order to strike the right balance between effective market surveillance and avoidance of unnecessary administrative burden especially for SMEs. Scope of the directive : · Members found it disproportionate to extend the scope of the proposed directive to include a number of products that entail a very limited use of electromagnetic waves for purposes other than communication. These are already present on the market without any major reported problems and are sufficiently regulated by the Low Voltage Directive and and Electromagbetic Compatibility Directive. · It is important to guarantee the efficient usage of radio spectrum, and Members considered that the equipment capable of receiving radio waves should fall under the scope of proposed Directive. The report changed the definition of "radio equipment" accordingly. Postal address : the committee wanted Member States to encourage economic operators to include not only a postal address but also a website address in order to facilitate communication between economic operators, market surveillance authorities and consumers. The contact details must be in a language easily understood by end-users and market surveillance authorities. Single EU declaration of conformity : to ensure effective access to information for market surveillance purposes, the information required to identify all applicable Union acts should be available in a single EU declaration of conformity. In order to reduce the administrative burden on economic operators, that single EU declaration of conformity may be a dossier made up of relevant individual declarations of conformity. Registration of radio equipment : Members deleted the provisions regarding the obligation to register certain radio equipment in a central system, stating that this would result in a disproportionate burden for legitimate economic operators, especially SMEs, whereas the benefits of such a registration system have not been sufficiently demonstrated. Moreover, such a system potentially raises confidentiality issues. In order to avoid unnecessary burdens for manufactures, especially the SMEs, sample testing should be exercised only upon a request by the competent authorities. Conformity assessment procedures : manufacturers must demonstrate compliance of radio equipment with the essential requirements set out in the text using certain conformity assessment procedures. CE marking: Members proposed to provide for the use of electronic labelling, where radio equipment is fitted with an integral screen. Universal charger : whilst noting that the proposal stresses the advantages of interoperability between radio equipment and accessories such as chargers, Members wanted to see a renewed effort to develop a universal charger. This would simplify the use of radio equipment e.g. mobile phones, reduce waste and costs as well as will consequently be highly beneficial to consumers.
  • date: 2014-03-12T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20140312&type=CRE title: Debate in Parliament
  • date: 2014-03-13T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=23454&l=en title: Results of vote in Parliament
  • date: 2014-03-13T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0246 title: T7-0246/2014 summary: The European Parliament adopted by 550 votes to 12 with 8 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment. Parliament adopted its position in first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise between Parliament and Council. Essential requirements : radio equipment shall be constructed so as to ensure: (i) the protection of health and safety of persons and of domestic animals and the protection of property; (ii) an adequate level of electromagnetic compatibility. Common charger: Parliament stressed that a renewed effort to develop a common charger for particular categories or classes of radio equipment is necessary, in particular for the benefit of consumers and other end-users. In particular, mobile phones that are made available on the market should be compatible with a common charger. The text stipulated that the ability to work with common chargers would be an essential requirement for radio equipment . However, it would be up to the European Commission to decide which specific types of radio equipment will have to meet this requirement. Included in the list of essential requirements were radio equipment interworks via networks with other radio equipment and radio equipment that could be connected to interfaces of the appropriate type throughout the Union. Making available on the market : radio equipment would be made available on the market only if it complied with this Directive. Member States shall allow the putting into service and use of radio equipment if it complies with this Directive when it is properly installed, maintained and used for its intended purpose Obligations of economic operators and market surveillance : manufacturers shall ensure that radio equipment shall be so constructed that it can be operated in at least one Member State without infringing applicable requirements on the use of radio spectrum . To protect the health and safety of end-users, they should carry out sample testing of radio equipment made available on the market, Each item of radio equipment should be accompanied by a copy of the EU declaration of conformity or by a simplified EU declaration of conformity. Manufacturers and importers shall indicate on the radio equipment their name, registered trade name or registered trade mark and the postal address at which they can be contacted or, where that is not possible, on its packaging or in a document accompanying the radio equipment. The contact details shall be in a language easily understood by end-users and market surveillance authorities. Instructions and safety information, as well as any labelling, shall be clear, understandable and intelligible. Conformity assessment procedures : the manufacturer shall perform a conformity assessment of the radio equipment with a view to meeting the essential requirements using one of the conformity assessment procedures.
  • date: 2014-04-14T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2014-04-16T00:00:00 type: Final act signed body: CSL
  • date: 2014-04-16T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2014-05-22T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to update the rules on radio equipment so as to ensure a high level of protection of health and safety, adequate level of electromagnetic compatibility and an effective and efficient use of radio spectrum so as to avoid harmful interference while guaranteeing the proper functioning of the internal market. LEGISLATIVE ACT: Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC. CONTENT: the Directive replaces Directive 1999/5/EC and establishes a regulatory framework for the making available on the market (mobile phones, car door openers, modems, etc) and putting into service in the Union of radio equipment. It does not apply to radio equipment exclusively used for activities concerning public security, defence, and state security. Essential requirements : under the new Directive, radio equipment must be constructed so that: · they ensure: i) the protection of health and safety of persons and of domestic animals and the protection of property; and ii) an adequate level of electromagnetic compatibility; · they ensure an efficient use of radio spectrum so as to avoid harmful interference. Radio equipment within certain categories or classes shall be so constructed that it complies with the following essential requirements: · interworks with accessories, in particular with common chargers ; mobile phones that are made available on the market should be compatible with a common charger; · interworks via networks with other radio equipment; · can be connected to interfaces of the appropriate type throughout the Union; · does not harm the network or its functioning; · incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected; · supports certain features ensuring protection from fraud, ensuring access to emergency services and supports certain features in order to facilitate its use by users with a disability. The Commission may adopt delegated acts in accordance specifying which categories or classes of radio equipment are concerned by each of the requirements. Improving market surveillance : the Directive requires manufacturers, from 12 June 2018, to register in a central system radio equipment to be placed on the market. In order to limit the burden to economic operators, such a requirement should be introduced only for those categories of radio equipment where a high level of compliance has not been attained . Making available on the market : only radio equipment which complies with the Directive may be placed on the market. Member States shall allow the putting into service and use of radio equipment if it complies with this Directive when it is properly installed, maintained and used for its intended purpose. Obligations of economic operators : economic operators should be responsible for the compliance of radio equipment with this Directive, in relation to their respective roles in the supply chain. Manufacturers shall ensure that radio equipment shall be so constructed that it can be operated in at least one Member State without infringing applicable requirements on the use of radio spectrum. Each item of radio equipment will be accompanied by a copy of the EU declaration of conformity or by a simplified EU declaration of conformity. Manufacturers and importers shall indicate on the radio equipment (or, where that is not possible, on its packaging or in a document accompanying the radio equipment) their name, registered trade name or registered trade mark and the postal address at which they can be contacted. The contact details shall be in a language easily understood by end-users and market surveillance authorities. Instructions and safety information, as well as any labelling, shall be clear, understandable and intelligible . Manufacturers who consider that the radio equipment which they have placed on the market does not comply with the Directive shall immediately take appropriate corrective actions to bring the radio equipment into compliance with those requirements, to withdraw the radio equipment from the market, or to recall it, if necessary. Report : the Commission shall examine the functioning of the Directive and make a report no later than 12 June 2018 and then every five years. The report shall examine how the regulatory framework functions with regard notably: a) to ensure that a coherent system is achieved at Union level for all radio equipment; b) to allow for convergence of the telecommunications, audiovisual and information technology sectors; c) to enable regulatory measures to be harmonised at international level; d) to reach a high level of consumer protection; e) to ensure that portable radio equipment interworks with accessories, in particular with common chargers. ENTRY INTO FORCE: 09.06.2014. TRANSPOSITION: no later than 12.06.2016. The provisions shall apply from 13.06.2016. DELEGATED ACTS: the Commission may adopt delegated acts in order to supplement or amend non-essential aspects of the Regulation. The power to adopt such acts shall be conferred on the Commission for a period of five years from 11 June 2014 . The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification (this period can be extended for two months). If the European Parliament or the Council make objections, the delegated act will not enter into force. docs: title: Directive 2014/53 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014L0053 title: OJ L 153 22.05.2014, p. 0062 url: https://eur-lex.europa.eu/legal-content/FR/TXT/?uri=OJ:L:2014:153:TOC
other
  • body: EC dg: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry commissioner: TAJANI Antonio
otherinst
  • name: European Economic and Social Committee
procedure/Mandatory consultation of other institutions
Economic and Social Committee
procedure/Modified legal basis
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Rules of Procedure of the European Parliament EP 150
New
Rules of Procedure EP 150
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Old
IMCO/7/11003
New
  • IMCO/7/11003
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014L0053
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014L0053
procedure/instrument
Old
Directive
New
  • Directive
  • Repealing Directive 1999/5/EC 1997/0149(COD) Amended by 2015/0277(COD) Amended by 2017/0353(COD)
procedure/other_consulted_institutions
European Economic and Social Committee
procedure/subject
Old
  • 2.10.03 Standardisation, EC standards and trademark, certification, compliance
  • 3.30.01 Audiovisual industry and services
  • 3.30.04 Radiocommunications, broadcasting
  • 3.40.06 Electronics, electrotechnical industries, robotics
  • 4.20 Public health
  • 4.60.08 Safety of products and services, product liability
New
2.10.03
Standardisation, EC/EU standards and trade mark, certification, compliance
3.30.01
Audiovisual industry and services
3.30.04
Radiocommunications, broadcasting
3.40.06
Electronics, electrotechnical industries, ICT, robotics
4.20
Public health
4.60.08
Safety of products and services, product liability
procedure/summary
  • Repealing Directive 1999/5/EC
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CELEX:52012PC0584:EN
activities/0/docs/0/celexid
CELEX:52012PC0584:EN
activities/0/docs/0/url
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0584/COM_COM(2012)0584_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2012/0584/COM_COM(2012)0584_EN.pdf
links/European Commission/title
Old
PreLex
New
EUR-Lex
procedure/subject/3
Old
3.40.06 Electronics, electrotechnical industries
New
3.40.06 Electronics, electrotechnical industries, robotics
activities/1/committees/2/date
2012-11-06T00:00:00
activities/1/committees/2/rapporteur
  • group: S&D name: WEILER Barbara
activities/1/committees/2/shadows
  • group: PPE name: VAN DE CAMP Wim
  • group: ALDE name: MANDERS Toine
  • group: Verts/ALE name: RÜHLE Heide
  • group: ECR name: HARBOUR Malcolm
  • group: EFD name: SALVINI Matteo
activities/2/committees/2/date
2012-11-06T00:00:00
activities/2/committees/2/rapporteur
  • group: S&D name: WEILER Barbara
activities/2/committees/2/shadows
  • group: PPE name: VAN DE CAMP Wim
  • group: ALDE name: MANDERS Toine
  • group: Verts/ALE name: RÜHLE Heide
  • group: ECR name: HARBOUR Malcolm
  • group: EFD name: SALVINI Matteo
activities/3/committees/2/date
2012-11-06T00:00:00
activities/3/committees/2/rapporteur
  • group: S&D name: WEILER Barbara
activities/3/committees/2/shadows
  • group: PPE name: VAN DE CAMP Wim
  • group: ALDE name: MANDERS Toine
  • group: Verts/ALE name: RÜHLE Heide
  • group: ECR name: HARBOUR Malcolm
  • group: EFD name: SALVINI Matteo
activities/5/docs/0
url
http://www.europarl.europa.eu/oeil/popups/sda.do?id=23454&l=en
type
Results of vote in Parliament
title
Results of vote in Parliament
activities/5/type
Old
Decision by Parliament, 1st reading/single reading
New
Results of vote in Parliament
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Old
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014L0053&from=EN
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http://eur-lex.europa.eu/legal-content/FR/TXT/?uri=OJ:L:2014:153:TOC
activities/10/text
  • PURPOSE: to update the rules on radio equipment so as to ensure a high level of protection of health and safety, adequate level of electromagnetic compatibility and an effective and efficient use of radio spectrum so as to avoid harmful interference while guaranteeing the proper functioning of the internal market.

    LEGISLATIVE ACT: Directive 2014/53/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC.

    CONTENT: the Directive replaces Directive 1999/5/EC and establishes a regulatory framework for the making available on the market (mobile phones, car door openers, modems, etc) and putting into service in the Union of radio equipment. It does not apply to radio equipment exclusively used for activities concerning public security, defence, and state security.

    Essential requirements: under the new Directive, radio equipment must be constructed so that:

    ·        they ensure: i) the protection of health and safety of persons and of domestic animals and the protection of property; and ii) an adequate level of electromagnetic compatibility;

    ·        they ensure an efficient use of radio spectrum so as to avoid harmful interference.

    Radio equipment within certain categories or classes shall be so constructed that it complies with the following essential requirements:

    ·         interworks with accessories, in particular with common chargers; mobile phones that are made available on the market should be compatible with a common charger;

    ·         interworks via networks with other radio equipment;

    ·         can be connected to interfaces of the appropriate type throughout the Union;

    ·         does not harm the network or its functioning;

    ·         incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected;

    ·         supports certain features ensuring protection from fraud, ensuring access to emergency services and supports certain features in order to facilitate its use by users with a disability.

    The Commission may adopt delegated acts in accordance specifying which categories or classes of radio equipment are concerned by each of the requirements.

    Improving market surveillance: the Directive requires manufacturers, from 12 June 2018, to register in a central system radio equipment to be placed on the market.

    In order to limit the burden to economic operators, such a requirement should be introduced only for those categories of radio equipment where a high level of compliance has not been attained.

    Making available on the market: only radio equipment which complies with the Directive may be placed on the market. Member States shall allow the putting into service and use of radio equipment if it complies with this Directive when it is properly installed, maintained and used for its intended purpose.

    Obligations of economic operators: economic operators should be responsible for the compliance of radio equipment with this Directive, in relation to their respective roles in the supply chain.

    Manufacturers shall ensure that radio equipment shall be so constructed that it can be operated in at least one Member State without infringing applicable requirements on the use of radio spectrum.

    Each item of radio equipment will be accompanied by a copy of the EU declaration of conformity or by a simplified EU declaration of conformity.

    Manufacturers and importers shall indicate on the radio equipment (or, where that is not possible, on its packaging or in a document accompanying the radio equipment) their name, registered trade name or registered trade mark and the postal address at which they can be contacted.

    The contact details shall be in a language easily understood by end-users and market surveillance authorities.

    Instructions and safety information, as well as any labelling, shall be clear, understandable and intelligible.

    Manufacturers who consider that the radio equipment which they have placed on the market does not comply with the Directive shall immediately take appropriate corrective actions to bring the radio equipment into compliance with those requirements, to withdraw the radio equipment from the market, or to recall it, if necessary.

    Report: the Commission shall examine the functioning of the Directive and make a report no later than 12 June 2018 and then every five years.

    The report shall examine how the regulatory framework functions with regard notably: a) to ensure that a coherent system is achieved at Union level for all radio equipment; b) to allow for convergence of the telecommunications, audiovisual and information technology sectors; c) to enable regulatory measures to be harmonised at international level; d) to reach a high level of consumer protection; e) to ensure that portable radio equipment interworks with accessories, in particular with common chargers.

    ENTRY INTO FORCE: 09.06.2014.

    TRANSPOSITION: no later than 12.06.2016. The provisions shall apply from 13.06.2016.

    DELEGATED ACTS: the Commission may adopt delegated acts in order to supplement or amend non-essential aspects of the Regulation. The power to adopt such acts shall be conferred on the Commission for a period of five years from 11 June 2014. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification (this period can be extended for two months). If the European Parliament or the Council make objections, the delegated act will not enter into force.

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2012-11-06T00:00:00
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  • group: S&D name: WEILER Barbara
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  • group: PPE name: VAN DE CAMP Wim
  • group: ALDE name: MANDERS Toine
  • group: Verts/ALE name: RÜHLE Heide
  • group: ECR name: HARBOUR Malcolm
  • group: EFD name: SALVINI Matteo
procedure/subject/0
Old
2.10.03 Standardisation, EC standards and trade mark, certification, compliance
New
2.10.03 Standardisation, EC standards and trademark, certification, compliance
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2012-11-06T00:00:00
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  • group: S&D name: WEILER Barbara
activities/1/committees/2/shadows
  • group: EPP name: VAN DE CAMP Wim
  • group: ALDE name: MANDERS Toine
  • group: Verts/ALE name: RÜHLE Heide
  • group: ECR name: HARBOUR Malcolm
  • group: EFD name: SALVINI Matteo
activities/2/committees/2/date
2012-11-06T00:00:00
activities/2/committees/2/rapporteur
  • group: S&D name: WEILER Barbara
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  • group: EPP name: VAN DE CAMP Wim
  • group: ALDE name: MANDERS Toine
  • group: Verts/ALE name: RÜHLE Heide
  • group: ECR name: HARBOUR Malcolm
  • group: EFD name: SALVINI Matteo
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2012-11-06T00:00:00
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  • group: S&D name: WEILER Barbara
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  • group: EPP name: VAN DE CAMP Wim
  • group: ALDE name: MANDERS Toine
  • group: Verts/ALE name: RÜHLE Heide
  • group: ECR name: HARBOUR Malcolm
  • group: EFD name: SALVINI Matteo
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2014-05-22T00:00:00
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  • group: S&D name: WEILER Barbara
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  • group: EPP name: VAN DE CAMP Wim
  • group: ALDE name: MANDERS Toine
  • group: Verts/ALE name: RÜHLE Heide
  • group: ECR name: HARBOUR Malcolm
  • group: EFD name: SALVINI Matteo
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procedure/final
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title
Directive 2014/53
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Procedure completed
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2014-04-16T00:00:00
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CSL
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2014-04-14T00:00:00
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  • The European Parliament adopted by 550 votes to 12 with 8 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment.

    Parliament adopted its position in first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise between Parliament and Council.

    Essential requirements: radio equipment shall be constructed so as to ensure: (i) the protection of health and safety of persons and of domestic animals and the protection of property; (ii) an adequate level of electromagnetic compatibility.

    Common charger: Parliament stressed that a renewed effort to develop a common charger for particular categories or classes of radio equipment is necessary, in particular for the benefit of consumers and other end-users. In particular, mobile phones that are made available on the market should be compatible with a common charger.

    The text stipulated that the ability to work with common chargers would be an essential requirement for radio equipment. However, it would be up to the European Commission to decide which specific types of radio equipment will have to meet this requirement.

    Included in the list of essential requirements were radio equipment interworks via networks with other radio equipment and radio equipment that could be connected to interfaces of the appropriate type throughout the Union.

    Making available on the market: radio equipment would be made available on the market only if it complied with this Directive. Member States shall allow the putting into service and use of radio equipment if it complies with this Directive when it is properly installed, maintained and used for its intended purpose 

    Obligations of economic operators and market surveillance:  manufacturers shall ensure that radio equipment shall be so constructed that it can be operated in at least one Member State without infringing applicable requirements on the use of radio spectrum. To protect the health and safety of end-users, they should carry out sample testing of radio equipment made available on the market, 

    Each item of radio equipment should be accompanied by a copy of the EU declaration of conformity or by a simplified EU declaration of conformity.

    Manufacturers and importers shall indicate on the radio equipment their name, registered trade name or registered trade mark and the postal address at which they can be contacted or, where that is not possible, on its packaging or in a document accompanying the radio equipment.

    The contact details shall be in a language easily understood by end-users and market surveillance authorities. Instructions and safety information, as well as any labelling, shall be clear, understandable and intelligible.

    Conformity assessment procedures: the manufacturer shall perform a conformity assessment of the radio equipment with a view to meeting the essential requirements using one of the conformity assessment procedures.

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http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0246
procedure/stage_reached
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2014-03-12T00:00:00
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  • type: Decision by Parliament, 1st reading/single reading title: T7-0246/2014
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Decision by Parliament, 1st reading/single reading
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Old
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New
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CELEX:52012PC0584:EN
activities/0/docs/0/celexid
CELEX:52012PC0584:EN
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Rules of Procedure of the European Parliament EP 138
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date
2012-10-17T00:00:00
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EC
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DG: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry Commissioner: TAJANI Antonio
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EP
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2013-04-26T00:00:00
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2012-10-17T00:00:00
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  • PURPOSE: to establish a regulatory framework for the making available on the market and putting into service in the Union of radio equipment.

    PROPOSED ACT: Directive of the European Parliament and of the Council.

    BACKGROUND: Directive 1999/5/EC on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity ((R&TTE Directive), establishes a framework for the placing on the market, free movement and putting into service in the EU of radio equipment and telecommunications terminal equipment. It includes essential requirements for the protection of health and safety, of electromagnetic compatibility and for the avoidance of harmful interference. These requirements are translated into technical requirements within non-mandatory harmonised standards, as in other ‘New Approach’ legislation. Whilst a fundamental revision of the Directive is not necessary, experience in the operation of the Directive has highlighted a number of issues to be addressed, principally regarding compliance and clarification.

    IMPACT ASSESSMENT: the proposal is accompanied by an impact assessment. Overall, there is a high level of consensus and support for aligning the Directive with the New Legislative Framework package and for clarifying and simplifying the Directive. Opinions are more divided on the possible introduction of a requirement to register products prior to their placing on the market, and on some measures for administrative simplification 

    LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union.

    CONTENT : the main objectives of the proposal are:

    • to improve the level of compliance with the requirements in the Directive, and to increase the confidence of all stakeholders in the regulatory framework;
    • to clarify and simplify the Directive, including some limited adaptations of scope, so as to facilitate its application and eliminate unnecessary burden for economic operators and public authorities.

    The proposed revision also allows better integration of the Directive with other related EU Legislation, particularly Decision No 676/2002/EC (the Radio Spectrum Decision).

    The initiative is consistent with the New Legislative Framework package approved in 2008, comprised of: (i) Regulation No (EC) 765/2008 on accreditation and market surveillance and (ii) of Decision No (EC)768/2008 establishing a common framework for the marketing of products, which provides that its provisions are to be used when legislation is drafted or revised.

    The most significant elements of the proposal for a revision of the Directive are the following:

    Alignment with Decision 768/2008/EC on a common framework for the marketing of products, including:

    • the definitions set out in chapter R1 of Decision 768/2008/EC;
    • the obligations of economic operators set out in chapter R2 of Decision 768/2008/EC;
    • three modules for conformity assessment set out in Annex II of Decision 768/2008/EC;
    • the obligations for the notification of conformity assessment bodies set out in chapter R4 of Decision 768/2008/EC;
    • the simplified safeguard procedures set out in chapter R5 of Decision 768/2008/EC.

    New definition of ‘radio equipment’: this demarcates the modified scope of the Directive, and includes all and only equipment, which intentionally transmits signals using radio spectrum, whether for the purpose of communication or other. The essential requirement has been correspondingly adapted and only refers to transmitted signals.

    Other main provisions: the text sets out the following requirements:

    • radio equipment should be able to interoperate with accessories such as chargers;
    • software-defined radio equipment should ensure that only compliant combinations of software and hardware come together;
    • measures may be adopted to ensure that this regulatory requirement creates no barriers to competition in the market for third-party software;
    • four years after the date of entry into force of the Directive, manufacturers shall register radio equipment types within categories of equipment affected by a low level of compliance with the essential requirements set out in the text within a central system prior to radio equipment within those categories being placed on the market. The Commission shall allocate to each registered type a registration number, which manufacturers shall affix on radio equipment placed on the market;
    • the proposal clarifies the relation between the R&TTE Directive and EU and national legislation on the use of radio spectrum.

    Simplification and reduction of administrative obligations: the Commission points out the following:

    • the new definition of radio equipment establishes a clear demarcation of scope with Directive 2004/108/EC (the EMC Directive); 
    • pure receivers and fixed-line terminals cease to fall within the scope of the Directive, falling instead within the scope of Directive 2004/108/EC and Directive 2006/95/EC, or depending on their voltage falling within the scope of Directive 2004/108/EC  and Directive 2001/95/EC and this entails some reduction of administrative obligations.

    The following provisions are removed from the text:

    • the requirement to notify the placing on the market of equipment using frequency bands which are not EU-wide harmonised;
    • the obligation to affix an equipment class identifier on the product;
    • the requirement to affix CE marking on user instructions.
    • requirements supporting competition in the market for terminals. Similar requirements are in force under Directive 2008/63/EC.

    BUDGETARY IMPLICATIONS: the proposal is compatible with the current multiannual financial framework: all measures or actions included in the proposed directive are consistent and compatible with the current and the next multiannual financial framework (2014 to 2020) as proposed by the Commission.

    The proposal includes the possibility of requiring registration of certain categories of radio equipment prior to their placing on the market. Were this possibility to come into effect, a database should be put in place and administered by the Commission. The estimation of costs available includes an initial investment of EUR 300 000 and an annual maintenance cost of EUR 30 000.

    DELEGATED ACTS: in order to supplement or amend certain non-essential elements of the Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union will be delegated to the Commission in the following areas: i) adaptation to technical progress of Annex II listing some equipment falling or not within the definition of radio equipment; ii) additional essential requirements; iii) provision of information on the compliance of software-defined radio equipment; and iv) requirement to register radio equipment within some categories.

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Old
PE510.528
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COM(2012)0584
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Committee draft report
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Rules of Procedure of the European Parliament EP 138
activities/7/date
Old
2014-02-25T00:00:00
New
2014-03-11T00:00:00
activities/6/docs/0/text/0
Old

The Committee on the Internal Market and Consumer Protection adopted the report by

Barbara WEILER (S&D, DE) on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment

The committee recommended that the position of Parliament adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

Alignment with the New Legislative Framework (NLF) on the Goods Package: Members identified several inconsistencies with the Goods Package, which had already been discussed at European level. In order to align with these results and achieve a coherent legislative framework, the report proposes improvements of the wording.

Members introduced several amendments in order to strike the right balance between effective market surveillance and avoidance of unnecessary administrative burden especially for SMEs.

Scope of the directive:

·        Members found it disproportionate to extend the scope of the proposed directive to include a number of products that entail a very limited use of electromagnetic waves for purposes other than communication. These are already present on the market without any major reported problems and are sufficiently regulated by the Low Voltage Directive and and Electromagbetic Compatibility Directive.

·        It is important to guarantee the efficient usage of radio spectrum, and Members considered that the equipment capable of receiving radio waves should fall under the scope of proposed Directive.

The report changed the definition of "radio equipment" accordingly.

Postal address: the committee wanted Member States to encourage economic operators to include not only a postal address but also a website address in order to facilitate communication between economic operators, market surveillance authorities and consumers.

The contact details must be in a language easily understood by end-users and market surveillance authorities.

Single EU declaration of conformity: to ensure effective access to information for market surveillance purposes, the information required to identify all applicable Union acts should be available in a single EU declaration of conformity. In order to reduce the administrative burden on economic operators, that single EU declaration of conformity may be a dossier made up of relevant individual declarations of conformity.

Registration of radio equipment: Members deleted the provisions regarding the obligation to register certain radio equipment in a central system, stating that this would result in a disproportionate burden for legitimate economic operators, especially SMEs, whereas the benefits of such a registration system have not been sufficiently demonstrated. Moreover, such a system potentially raises confidentiality issues.

In order to avoid unnecessary burdens for manufactures, especially the SMEs, sample testing should be exercised only upon a request by the competent authorities.

Conformity assessment procedures: manufacturers must demonstrate compliance of radio equipment with the essential requirements set out in the text using certain conformity assessment procedures.

CE marking: Members proposed to provide for the use of electronic labelling, where radio equipment is fitted with an integral screen.

Universal charger: whilst noting that the proposal stresses the advantages of interoperability between radio equipment and accessories such as chargers, Members wanted to see a   renewed effort to develop a universal charger.  This would simplify the use of radio equipment e.g. mobile phones, reduce waste and costs as well as will consequently be highly beneficial to consumers.

New

The Committee on the Internal Market and Consumer Protection adopted the report by Barbara WEILER (S&D, DE) on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment.

The committee recommended that the position of Parliament adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

Alignment with the New Legislative Framework (NLF) on the Goods Package: Members identified several inconsistencies with the Goods Package, which had already been discussed at European level. In order to align with these results and achieve a coherent legislative framework, the report proposes improvements of the wording.

Members introduced several amendments in order to strike the right balance between effective market surveillance and avoidance of unnecessary administrative burden especially for SMEs.

Scope of the directive:

·        Members found it disproportionate to extend the scope of the proposed directive to include a number of products that entail a very limited use of electromagnetic waves for purposes other than communication. These are already present on the market without any major reported problems and are sufficiently regulated by the Low Voltage Directive and and Electromagbetic Compatibility Directive.

·        It is important to guarantee the efficient usage of radio spectrum, and Members considered that the equipment capable of receiving radio waves should fall under the scope of proposed Directive.

The report changed the definition of "radio equipment" accordingly.

Postal address: the committee wanted Member States to encourage economic operators to include not only a postal address but also a website address in order to facilitate communication between economic operators, market surveillance authorities and consumers.

The contact details must be in a language easily understood by end-users and market surveillance authorities.

Single EU declaration of conformity: to ensure effective access to information for market surveillance purposes, the information required to identify all applicable Union acts should be available in a single EU declaration of conformity. In order to reduce the administrative burden on economic operators, that single EU declaration of conformity may be a dossier made up of relevant individual declarations of conformity.

Registration of radio equipment: Members deleted the provisions regarding the obligation to register certain radio equipment in a central system, stating that this would result in a disproportionate burden for legitimate economic operators, especially SMEs, whereas the benefits of such a registration system have not been sufficiently demonstrated. Moreover, such a system potentially raises confidentiality issues.

In order to avoid unnecessary burdens for manufactures, especially the SMEs, sample testing should be exercised only upon a request by the competent authorities.

Conformity assessment procedures: manufacturers must demonstrate compliance of radio equipment with the essential requirements set out in the text using certain conformity assessment procedures.

CE marking: Members proposed to provide for the use of electronic labelling, where radio equipment is fitted with an integral screen.

Universal charger: whilst noting that the proposal stresses the advantages of interoperability between radio equipment and accessories such as chargers, Members wanted to see a   renewed effort to develop a universal charger.  This would simplify the use of radio equipment e.g. mobile phones, reduce waste and costs as well as will consequently be highly beneficial to consumers.

activities/6/docs/0/text
  • The Committee on the Internal Market and Consumer Protection adopted the report by

    Barbara WEILER (S&D, DE) on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment

    The committee recommended that the position of Parliament adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

    Alignment with the New Legislative Framework (NLF) on the Goods Package: Members identified several inconsistencies with the Goods Package, which had already been discussed at European level. In order to align with these results and achieve a coherent legislative framework, the report proposes improvements of the wording.

    Members introduced several amendments in order to strike the right balance between effective market surveillance and avoidance of unnecessary administrative burden especially for SMEs.

    Scope of the directive:

    ·        Members found it disproportionate to extend the scope of the proposed directive to include a number of products that entail a very limited use of electromagnetic waves for purposes other than communication. These are already present on the market without any major reported problems and are sufficiently regulated by the Low Voltage Directive and and Electromagbetic Compatibility Directive.

    ·        It is important to guarantee the efficient usage of radio spectrum, and Members considered that the equipment capable of receiving radio waves should fall under the scope of proposed Directive.

    The report changed the definition of "radio equipment" accordingly.

    Postal address: the committee wanted Member States to encourage economic operators to include not only a postal address but also a website address in order to facilitate communication between economic operators, market surveillance authorities and consumers.

    The contact details must be in a language easily understood by end-users and market surveillance authorities.

    Single EU declaration of conformity: to ensure effective access to information for market surveillance purposes, the information required to identify all applicable Union acts should be available in a single EU declaration of conformity. In order to reduce the administrative burden on economic operators, that single EU declaration of conformity may be a dossier made up of relevant individual declarations of conformity.

    Registration of radio equipment: Members deleted the provisions regarding the obligation to register certain radio equipment in a central system, stating that this would result in a disproportionate burden for legitimate economic operators, especially SMEs, whereas the benefits of such a registration system have not been sufficiently demonstrated. Moreover, such a system potentially raises confidentiality issues.

    In order to avoid unnecessary burdens for manufactures, especially the SMEs, sample testing should be exercised only upon a request by the competent authorities.

    Conformity assessment procedures: manufacturers must demonstrate compliance of radio equipment with the essential requirements set out in the text using certain conformity assessment procedures.

    CE marking: Members proposed to provide for the use of electronic labelling, where radio equipment is fitted with an integral screen.

    Universal charger: whilst noting that the proposal stresses the advantages of interoperability between radio equipment and accessories such as chargers, Members wanted to see a   renewed effort to develop a universal charger.  This would simplify the use of radio equipment e.g. mobile phones, reduce waste and costs as well as will consequently be highly beneficial to consumers.

procedure/Modified legal basis
Rules of Procedure of the European Parliament EP 138
procedure/legal_basis/0
Rules of Procedure of the European Parliament EP 138
procedure/?!oeil-proposed_legal_basis!?
Rules of Procedure of the European Parliament EP 138
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Rules of Procedure of the European Parliament EP 138
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Rules of Procedure of the European Parliament EP 138
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3.40.06 Electronics, electrotechnical industries, data-processing, office automation
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Old

PURPOSE: to establish a regulatory framework for the making available on the market and putting into service in the Union of radio equipment.

PROPOSED ACT: Directive of the European Parliament and of the Council.

BACKGROUND: Directive 1999/5/EC on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity ((R&TTE Directive), establishes a framework for the placing on the market, free movement and putting into service in the EU of radio equipment and telecommunications terminal equipment. It includes essential requirements for the protection of health and safety, of electromagnetic compatibility and for the avoidance of harmful interference. These requirements are translated into technical requirements within non-mandatory harmonised standards, as in other ‘New Approach’ legislation. Whilst a fundamental revision of the Directive is not necessary, experience in the operation of the Directive has highlighted a number of issues to be addressed, principally regarding compliance and clarification.

IMPACT ASSESSMENT: the proposal is accompanied by an impact assessment. Overall, there is a high level of consensus and support for aligning the Directive with the New Legislative Framework package and for clarifying and simplifying the Directive. Opinions are more divided on the possible introduction of a requirement to register products prior to their placing on the market, and on some measures for administrative simplification 

LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union.

CONTENT : the main objectives of the proposal are:

  • to improve the level of compliance with the requirements in the Directive, and to increase the confidence of all stakeholders in the regulatory framework;
  • to clarify and simplify the Directive, including some limited adaptations of scope, so as to facilitate its application and eliminate unnecessary burden for economic operators and public authorities.

The proposed revision also allows better integration of the Directive with other related EU Legislation, particularly Decision No 676/2002/EC (the Radio Spectrum Decision).

The initiative is consistent with the New Legislative Framework package approved in 2008, comprised of: (i) Regulation No (EC) 765/2008 on accreditation and market surveillance and (ii) of Decision No (EC)768/2008 establishing a common framework for the marketing of products, which provides that its provisions are to be used when legislation is drafted or revised.

The most significant elements of the proposal for a revision of the Directive are the following:

Alignment with Decision 768/2008/EC on a common framework for the marketing of products, including:

  • the definitions set out in chapter R1 of Decision 768/2008/EC;
  • the obligations of economic operators set out in chapter R2 of Decision 768/2008/EC;
  • three modules for conformity assessment set out in Annex II of Decision 768/2008/EC;
  • the obligations for the notification of conformity assessment bodies set out in chapter R4 of Decision 768/2008/EC;
  • the simplified safeguard procedures set out in chapter R5 of Decision 768/2008/EC.

New definition of ‘radio equipment’: this demarcates the modified scope of the Directive, and includes all and only equipment, which intentionally transmits signals using radio spectrum, whether for the purpose of communication or other. The essential requirement has been correspondingly adapted and only refers to transmitted signals.

Other main provisions: the text sets out the following requirements:

  • radio equipment should be able to interoperate with accessories such as chargers;
  • software-defined radio equipment should ensure that only compliant combinations of software and hardware come together;
  • measures may be adopted to ensure that this regulatory requirement creates no barriers to competition in the market for third-party software;
  • four years after the date of entry into force of the Directive, manufacturers shall register radio equipment types within categories of equipment affected by a low level of compliance with the essential requirements set out in the text within a central system prior to radio equipment within those categories being placed on the market. The Commission shall allocate to each registered type a registration number, which manufacturers shall affix on radio equipment placed on the market;
  • the proposal clarifies the relation between the R&TTE Directive and EU and national legislation on the use of radio spectrum.

Simplification and reduction of administrative obligations: the Commission points out the following:

  • the new definition of radio equipment establishes a clear demarcation of scope with Directive 2004/108/EC (the EMC Directive); 
  • pure receivers and fixed-line terminals cease to fall within the scope of the Directive, falling instead within the scope of Directive 2004/108/EC and Directive 2006/95/EC, or depending on their voltage falling within the scope of Directive 2004/108/EC  and Directive 2001/95/EC and this entails some reduction of administrative obligations.

The following provisions are removed from the text:

  • the requirement to notify the placing on the market of equipment using frequency bands which are not EU-wide harmonised;
  • the obligation to affix an equipment class identifier on the product;
  • the requirement to affix CE marking on user instructions.
  • requirements supporting competition in the market for terminals. Similar requirements are in force under Directive 2008/63/EC.

BUDGETARY IMPLICATIONS: the proposal is compatible with the current multiannual financial framework: all measures or actions included in the proposed directive are consistent and compatible with the current and the next multiannual financial framework (2014 to 2020) as proposed by the Commission.

The proposal includes the possibility of requiring registration of certain categories of radio equipment prior to their placing on the market. Were this possibility to come into effect, a database should be put in place and administered by the Commission. The estimation of costs available includes an initial investment of EUR 300 000 and an annual maintenance cost of EUR 30 000.

DELEGATED ACTS: in order to supplement or amend certain non-essential elements of the Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union will be delegated to the Commission in the following areas: i) adaptation to technical progress of Annex II listing some equipment falling or not within the definition of radio equipment; ii) additional essential requirements; iii) provision of information on the compliance of software-defined radio equipment; and iv) requirement to register radio equipment within some categories.

New

PURPOSE: to establish a regulatory framework for the making available on the market and putting into service in the Union of radio equipment.

PROPOSED ACT: Directive of the European Parliament and of the Council.

BACKGROUND: Directive 1999/5/EC on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity ((R&TTE Directive), establishes a framework for the placing on the market, free movement and putting into service in the EU of radio equipment and telecommunications terminal equipment. It includes essential requirements for the protection of health and safety, of electromagnetic compatibility and for the avoidance of harmful interference. These requirements are translated into technical requirements within non-mandatory harmonised standards, as in other ‘New Approach’ legislation. Whilst a fundamental revision of the Directive is not necessary, experience in the operation of the Directive has highlighted a number of issues to be addressed, principally regarding compliance and clarification.

IMPACT ASSESSMENT: the proposal is accompanied by an impact assessment. Overall, there is a high level of consensus and support for aligning the Directive with the New Legislative Framework package and for clarifying and simplifying the Directive. Opinions are more divided on the possible introduction of a requirement to register products prior to their placing on the market, and on some measures for administrative simplification 

LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union.

CONTENT : the main objectives of the proposal are:

  • to improve the level of compliance with the requirements in the Directive, and to increase the confidence of all stakeholders in the regulatory framework;
  • to clarify and simplify the Directive, including some limited adaptations of scope, so as to facilitate its application and eliminate unnecessary burden for economic operators and public authorities.

The proposed revision also allows better integration of the Directive with other related EU Legislation, particularly Decision No 676/2002/EC (the Radio Spectrum Decision).

The initiative is consistent with the New Legislative Framework package approved in 2008, comprised of: (i) Regulation No (EC) 765/2008 on accreditation and market surveillance and (ii) of Decision No (EC)768/2008 establishing a common framework for the marketing of products, which provides that its provisions are to be used when legislation is drafted or revised.

The most significant elements of the proposal for a revision of the Directive are the following:

Alignment with Decision 768/2008/EC on a common framework for the marketing of products, including:

  • the definitions set out in chapter R1 of Decision 768/2008/EC;
  • the obligations of economic operators set out in chapter R2 of Decision 768/2008/EC;
  • three modules for conformity assessment set out in Annex II of Decision 768/2008/EC;
  • the obligations for the notification of conformity assessment bodies set out in chapter R4 of Decision 768/2008/EC;
  • the simplified safeguard procedures set out in chapter R5 of Decision 768/2008/EC.

New definition of ‘radio equipment’: this demarcates the modified scope of the Directive, and includes all and only equipment, which intentionally transmits signals using radio spectrum, whether for the purpose of communication or other. The essential requirement has been correspondingly adapted and only refers to transmitted signals.

Other main provisions: the text sets out the following requirements:

  • radio equipment should be able to interoperate with accessories such as chargers;
  • software-defined radio equipment should ensure that only compliant combinations of software and hardware come together;
  • measures may be adopted to ensure that this regulatory requirement creates no barriers to competition in the market for third-party software;
  • four years after the date of entry into force of the Directive, manufacturers shall register radio equipment types within categories of equipment affected by a low level of compliance with the essential requirements set out in the text within a central system prior to radio equipment within those categories being placed on the market. The Commission shall allocate to each registered type a registration number, which manufacturers shall affix on radio equipment placed on the market;
  • the proposal clarifies the relation between the R&TTE Directive and EU and national legislation on the use of radio spectrum.

Simplification and reduction of administrative obligations: the Commission points out the following:

  • the new definition of radio equipment establishes a clear demarcation of scope with Directive 2004/108/EC (the EMC Directive); 
  • pure receivers and fixed-line terminals cease to fall within the scope of the Directive, falling instead within the scope of Directive 2004/108/EC and Directive 2006/95/EC, or depending on their voltage falling within the scope of Directive 2004/108/EC  and Directive 2001/95/EC and this entails some reduction of administrative obligations.

The following provisions are removed from the text:

  • the requirement to notify the placing on the market of equipment using frequency bands which are not EU-wide harmonised;
  • the obligation to affix an equipment class identifier on the product;
  • the requirement to affix CE marking on user instructions.
  • requirements supporting competition in the market for terminals. Similar requirements are in force under Directive 2008/63/EC.

BUDGETARY IMPLICATIONS: the proposal is compatible with the current multiannual financial framework: all measures or actions included in the proposed directive are consistent and compatible with the current and the next multiannual financial framework (2014 to 2020) as proposed by the Commission.

The proposal includes the possibility of requiring registration of certain categories of radio equipment prior to their placing on the market. Were this possibility to come into effect, a database should be put in place and administered by the Commission. The estimation of costs available includes an initial investment of EUR 300 000 and an annual maintenance cost of EUR 30 000.

DELEGATED ACTS: in order to supplement or amend certain non-essential elements of the Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union will be delegated to the Commission in the following areas: i) adaptation to technical progress of Annex II listing some equipment falling or not within the definition of radio equipment; ii) additional essential requirements; iii) provision of information on the compliance of software-defined radio equipment; and iv) requirement to register radio equipment within some categories.

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2013-02-13T00:00:00
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2012-11-06T00:00:00
committees/2/rapporteur
  • group: S&D name: WEILER Barbara
activities/2/committees/2/shadows
  • group: EPP name: VAN DE CAMP Wim
committees/2/shadows
  • group: EPP name: VAN DE CAMP Wim
activities/1/docs/0/text
  • PURPOSE: to establish a regulatory framework for the making available on the market and putting into service in the Union of radio equipment.

    PROPOSED ACT: Directive of the European Parliament and of the Council.

    BACKGROUND: Directive 1999/5/EC on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity ((R&TTE Directive), establishes a framework for the placing on the market, free movement and putting into service in the EU of radio equipment and telecommunications terminal equipment. It includes essential requirements for the protection of health and safety, of electromagnetic compatibility and for the avoidance of harmful interference. These requirements are translated into technical requirements within non-mandatory harmonised standards, as in other ‘New Approach’ legislation. Whilst a fundamental revision of the Directive is not necessary, experience in the operation of the Directive has highlighted a number of issues to be addressed, principally regarding compliance and clarification.

    IMPACT ASSESSMENT: the proposal is accompanied by an impact assessment. Overall, there is a high level of consensus and support for aligning the Directive with the New Legislative Framework package and for clarifying and simplifying the Directive. Opinions are more divided on the possible introduction of a requirement to register products prior to their placing on the market, and on some measures for administrative simplification 

    LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union.

    CONTENT : the main objectives of the proposal are:

    • to improve the level of compliance with the requirements in the Directive, and to increase the confidence of all stakeholders in the regulatory framework;
    • to clarify and simplify the Directive, including some limited adaptations of scope, so as to facilitate its application and eliminate unnecessary burden for economic operators and public authorities.

    The proposed revision also allows better integration of the Directive with other related EU Legislation, particularly Decision No 676/2002/EC (the Radio Spectrum Decision).

    The initiative is consistent with the New Legislative Framework package approved in 2008, comprised of: (i) Regulation No (EC) 765/2008 on accreditation and market surveillance and (ii) of Decision No (EC)768/2008 establishing a common framework for the marketing of products, which provides that its provisions are to be used when legislation is drafted or revised.

    The most significant elements of the proposal for a revision of the Directive are the following:

    Alignment with Decision 768/2008/EC on a common framework for the marketing of products, including:

    • the definitions set out in chapter R1 of Decision 768/2008/EC;
    • the obligations of economic operators set out in chapter R2 of Decision 768/2008/EC;
    • three modules for conformity assessment set out in Annex II of Decision 768/2008/EC;
    • the obligations for the notification of conformity assessment bodies set out in chapter R4 of Decision 768/2008/EC;
    • the simplified safeguard procedures set out in chapter R5 of Decision 768/2008/EC.

    New definition of ‘radio equipment’: this demarcates the modified scope of the Directive, and includes all and only equipment, which intentionally transmits signals using radio spectrum, whether for the purpose of communication or other. The essential requirement has been correspondingly adapted and only refers to transmitted signals.

    Other main provisions: the text sets out the following requirements:

    • radio equipment should be able to interoperate with accessories such as chargers;
    • software-defined radio equipment should ensure that only compliant combinations of software and hardware come together;
    • measures may be adopted to ensure that this regulatory requirement creates no barriers to competition in the market for third-party software;
    • four years after the date of entry into force of the Directive, manufacturers shall register radio equipment types within categories of equipment affected by a low level of compliance with the essential requirements set out in the text within a central system prior to radio equipment within those categories being placed on the market. The Commission shall allocate to each registered type a registration number, which manufacturers shall affix on radio equipment placed on the market;
    • the proposal clarifies the relation between the R&TTE Directive and EU and national legislation on the use of radio spectrum.

    Simplification and reduction of administrative obligations: the Commission points out the following:

    • the new definition of radio equipment establishes a clear demarcation of scope with Directive 2004/108/EC (the EMC Directive); 
    • pure receivers and fixed-line terminals cease to fall within the scope of the Directive, falling instead within the scope of Directive 2004/108/EC and Directive 2006/95/EC, or depending on their voltage falling within the scope of Directive 2004/108/EC  and Directive 2001/95/EC and this entails some reduction of administrative obligations.

    The following provisions are removed from the text:

    • the requirement to notify the placing on the market of equipment using frequency bands which are not EU-wide harmonised;
    • the obligation to affix an equipment class identifier on the product;
    • the requirement to affix CE marking on user instructions.
    • requirements supporting competition in the market for terminals. Similar requirements are in force under Directive 2008/63/EC.

    BUDGETARY IMPLICATIONS: the proposal is compatible with the current multiannual financial framework: all measures or actions included in the proposed directive are consistent and compatible with the current and the next multiannual financial framework (2014 to 2020) as proposed by the Commission.

    The proposal includes the possibility of requiring registration of certain categories of radio equipment prior to their placing on the market. Were this possibility to come into effect, a database should be put in place and administered by the Commission. The estimation of costs available includes an initial investment of EUR 300 000 and an annual maintenance cost of EUR 30 000.

    DELEGATED ACTS: in order to supplement or amend certain non-essential elements of the Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union will be delegated to the Commission in the following areas: i) adaptation to technical progress of Annex II listing some equipment falling or not within the definition of radio equipment; ii) additional essential requirements; iii) provision of information on the compliance of software-defined radio equipment; and iv) requirement to register radio equipment within some categories.

activities/1/docs/0/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=584
New
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0584/COM_COM(2012)0584_EN.pdf
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TAJANI Antonio
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  • date: 2012-10-17T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=584 celexid: CELEX:52012PC0584:EN type: Legislative proposal published title: COM(2012)0584 url: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2012:0300:FIN:EN:PDF type: Document attached to the procedure title: SWD(2012)0300 url: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2012:0329:FIN:EN:PDF type: Document attached to the procedure title: SWD(2012)0329 body: EC commission: type: Legislative proposal
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  • body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI
  • body: EP responsible: True committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
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European Commission
other
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    reference
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    Treaty on the Functioning of the EU TFEU 114-p1
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    Preparatory phase in Parliament
    summary
    Repealing Directive 1999/5/EC
    instrument
    Directive
    title
    Radio equipment: harmonisation of the laws of the Member States relating to the making available on the market
    type
    COD - Ordinary legislative procedure (ex-codecision)
    subject